Patna High CourtCR. MISC./5954/2022bail granted

Dinesh Kumar Sharma v. The State Of Bihar

2022-03-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5954 of 2022 Arising Out of PS. Case No.-128 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== DINESH KUMAR SHARMA S/o Nand Kishor Sharma @ Nun Kishor Sharma R/o Village- Kendih, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Government Official Case No. 128 C-2 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.12.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 378 litre of liquor from a Bolero Pick-Up Van.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5954 of 2022(2) dt.08-03-2022 2/2 petitioner was not arrested from the spot and came to be implicated merely because he is owner of the Bolero vehicle. It is submitted that being the owner, the petitioner was not aware what the driver had kept in the vehicle.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Jamui in connection with Government Official Case No. 128 C-2 of 2020.

(Satyavrat Verma, J) Kundan/- U T